14609187, 69O-123.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14609187

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Chapter:

CIVIL REMEDY

Overview

RULE:

69O-123.001	Purpose (Repealed)
69O-123.002	Procedure (Repealed)

PURPOSE:

The purpose of this proceeding is to repeal rules applicable to the filing of civil remedy notices. The Department of Financial Services administers the requirements of section 624.155, F.S. The Office does not enforce the provisions of the filing requirements and accordingly the rule is not necessary. The Department of Financial Services implements the filing requirements of section 624.155, F.S. by Rule 69J-123.002. F.A.C.

SUMMARY:

Rule Chapter 69O-123, Florida Administrative Code, was promulgated to implement the provisions of Section 624.155, Florida Statutes.  Section 624.155, Florida Statutes, permits any party to bring a civil action against an insurer when such person is damaged by a violation of certain enumerated provisions of the Florida Insurance Code.  As a condition precedent to bringing an action under Section 624.155, Florida Statutes, the insured is required to give the Department of Financial Services 60 day written notice of the violation.  The notice is required to be provided to the Department of Financial Services on a form provided by the Department and must include the statutory provision violated, the facts and circumstances giving rise to the violation and the name of any individual involved in the violation.
Section 624.155, Florida Statutes, gives the Department of Financial Services authority to enforce the statute and not the Office.  As a result the Office does not have sufficient statutory authority to enforce the Rules contained in Rule Chapter 69O-123 and these rules should be repealed. Furthermore, the Department of Financial Services has developed its own rule and form to implement the provisions of Section 624.155, Florida Statutes.

RULEMAKING AUTHORITY:

624.308(1) FS.

LAW:

624.155, 624.307(1) , FS.

PRINT PUBLISH DATE:

5/23/2014 Vol. 40/101

COMMENTS:

From 5/23/2014 To 6/13/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.